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New Mexico Prisoner Vindicates Native American Religious Rights with Injunction, Fees and Damages by A New Mexico prisoner has prevailed in a religious freedom case that vindicated his right to practice his Native American beliefs. The lawsuit resulted in a settlement in April 2009 that specified the religious practices prison …
Brief • April 1, 2010
Filed under: Grievances
Aref v. Holder, DC, Complaint - BOP Correctional Management Units (2010) Case 1:10-cv-00539-RMU Document 5 Filed 04/01/10 Page 1 of 77 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Y ASSIN MUHIDDIN AREF USP Marion, CMU 4500 Prison Road Marion, IL 62959 and AVON TWITTY (aka Abdul Ali) FCI …
Brief • March 31, 2010
Jones v. McDaniel, NV, Civil Judgment Form, 2010.pdf Case 3:05-cv-00278-RAM Document 255 Filed 03/31/10 Page 1 of 1 '"-RED OEPVeV ON couN?::.: r.iV.'.cs ofrecord AO450(Rev 01/09) Judgmenlin a Civil Action United StatesDisracrCoUi^'jf ^, for the District ofNevada CLERK U3 DISTRICT COURT By:_ _ district of NEVADA DEPUTY CHRISTOPHER A. JONES …
First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case by Matthew Clarke by Matt Clarke On August 27, 2009, the First Circuit Court of Appeals upheld an almost $102 million judgment in a lawsuit filed against the federal government after the FBI helped an informant secure the convictions …
Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample On February 23, 2009, U.S. District Court Judge Matthew F. Kennelly granted partial summary judgment to the plaintiffs in a class action lawsuit challenging certain strip and visual body cavity searches conducted at Illinois’ Cook County …
Article • March 15, 2010 • from PLN March, 2010
Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State by Jimmy Franks In 2007, Kimme Putman, a Washington state resident, filed suit against the Wenatchee Valley Medical Center and a number of its employees. Putnam’s lawsuit alleged negligence by medical personnel when they failed to properly diagnose her …
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a …
Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed by John Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals reversed a district court’s decision granting summary judgment to Orange County, California jail officials who allegedly used excessive force while restraining a detainee. The appellate court found …
California Prisoner Settles Medical Suit for $35,000 by Eighteen months after surviving a motion for summary judgment, California prisoner William Milton agreed to a settlement of $35,000 in a case involving denial and delay of medical treatment. Though unpublished, the district court’s March 2007 order denying defendants’ motion for summary …
Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating by On September 18, 2009, a federal jury awarded a New Hampshire state prisoner $80,000 in punitive damages for a violation of his Eighth Amendment rights, plus $1 in nominal damages. While incarcerated at the New Hampshire State Prison for …
GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement by On September 13, 2009, the Idaho Department of Corrections (IDOC) reached a settlement with the parents of an Idaho state prisoner who was driven to suicide by squalid conditions at a GEO Group-run private prison in Texas, where …
Canadian Appellate Court Affirms $12,000 Judgment for Prisoner by On June 2, 2009, a Canadian appellate court affirmed a decision by Federal Court Prothonotary Martha Milczynski awarding $12,000 to Barry Carr, a federal prisoner. Carr had accused Correctional Service of Canada (CSC) of negligence and breaching its duty of care …
Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation by The Eleventh Circuit Court of Appeals has held that a prison official’s threat to retaliate against a prisoner for use of the institutional grievance procedure made the prisoner’s administrative remedies unavailable. The appellate ruling came in a civil …
Article • March 15, 2010 • from PLN March, 2010
$3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner by On July 28, 2009, within weeks of settling a similar wrongful conviction lawsuit that resulted in a $3.4 million payment to the estate of Kenneth Waters, the town of Ayer, Massachusetts agreed to pay $3.1 million to settle a federal complaint …
Article • March 15, 2010 • from PLN March, 2010
$80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault by A New York Court of Claims has awarded $80,000 in damages to a prisoner at the Auburn Correctional Facility in connection with a prisoner-on-prisoner assault. Previously, in an October 1, 2007 order, the court found the State of …
Article • March 15, 2010 • from PLN March, 2010
Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit by Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit The Fourth Circuit Court of Appeals has joined five other circuits in holding that a former prisoner’s § 1983 false imprisonment claim is not barred by the …
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample On September 16, 2009, U.S. District Judge Marcia S. Krieger granted in part and denied in part a motion for summary judgment by Prison Legal News (PLN) in a Freedom of Information Act (FOIA) case wherein …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
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